National Energy Board Rules of Practice and Procedure, 1995 (SOR/95-208)

36. (1) A party who intends to present evidence at an oral hearing shall, within such time limit as the Board may fix, file with the Board and serve on all other parties written evidence containing

• (a) the position of the party on the issues in the hearing; and

• (b) particulars regarding the name, title, position and other credentials of each witness who will address evidence on behalf of the party and the issues that the witness will address at the hearing.

(2) Each witness referred to in paragraph (1)(b) shall confirm orally at the hearing or, with leave of the Board, by affidavit, that the written evidence or part thereof that the witness will address at the hearing was prepared by the witness or under the direction and control of the witness and is accurate to the best of the knowledge and belief of the witness.

(3) For greater certainty, all written evidence referred to in subsection (1) must be confirmed pursuant to subsection (2).

(4) Written evidence shall be

• (a) in question and answer form, each line of which shall be consecutively numbered; or

• (b) in narrative form, each paragraph of which shall be consecutively numbered.

(5) A party may be cross-examined on any response filed by the party in respect of an information request and on any information filed by the party in the course of the proceeding.

(6) Subject to subsection (7), witnesses at an oral hearing shall be examined orally on oath or solemn affirmation.

(7) The Board may, at any time in a proceeding, order that

• (a) evidence of certain facts shall be given by affidavit;

• (b) the affidavit of any witness shall be read at an oral hearing on such conditions as are necessary for the fair conduct of the hearing; and

• (c) any witness shall be examined before a commissioner of oaths or other person who is authorized to administer oaths and who is appointed by the Board for that purpose.

(8) The following information is considered to constitute the record of the applicant:

• (a) the information contained in the application;

• (b) the information identified by a statement referred to in paragraph 16(1)(a);

• (c) any response by the applicant to an information request;

• (d) any additional information provided by the applicant as required under section 18; and

• (e) any written evidence filed by the applicant pursuant to subsection (1).

(9) The applicant shall not, except with leave of the Board, file any information in addition to that listed in subsection (8).

37. (1) In the case of a written hearing, the Board may dispose of the application on the basis of the documentation before it or may require additional information pursuant to section 18.

(2) The additional information provided by the applicant shall be filed with the Board and served on all other parties.

(3) Where the Board provides parties the opportunity of filing written evidence, the written evidence shall contain the issues that the parties wish the Board to address and shall be provided

• (a) in question and answer form, each line of which shall be consecutively numbered; or

• (b) in narrative form, each paragraph of which shall be consecutively numbered.

(4) All written evidence filed with the Board shall be supported by an affidavit of the person who prepared the evidence or under whose direction or control it was prepared attesting that the evidence is accurate to the best of that person’s knowledge and belief.

(5) The following information is considered to constitute the record of the applicant:

• (a) the information contained in the application;

• (b) the information identified by a statement referred to in paragraph 16(1)(a);

• (c) any response by the applicant to an information request;

• (d) any additional information provided by the applicant as required under section 18; and

• (e) any written evidence filed by the applicant pursuant to subsection (3).

(6) The applicant shall not, except with leave of the Board, file any information in addition to that listed in subsection (5).